venue – laccp Flashcards

1
Q

ordinary rules

where is venue proper for an individual domiciliary

A

parish of domicile

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2
Q

ordinary rules

where is venue proper for an individual that is a resident, but not a domiciliary

A

parish of residence

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3
Q

ordinary rules

where is venue proper for an individual that is a nonresident with an agent

A

the parish of the agent’s PO box

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4
Q

ordinary rules

where is venue proper for an individual that is a nonresident and has no agent in the state

A

parish of plaintiff’s domicile or where service was rendered

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5
Q

ordinary rules

where is venue proper for a domestic corporation/LLC entity

A

parish of registered office

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6
Q

ordinary rules

where is venue proper for a foreign corporation/LLC that is licensed to do business in the state

A

parish of the principal business establishment indicated on the application, and if there’s no PB, then PPB

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7
Q

ordinary rules

where is venue proper for an LLC or corporation that is foreign and not licensed to do business in the state

A

parish of plaintiff’s domicile or where service is rendered

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8
Q

ordinary rules

where is venue proper for a domestic insurer

A

parish of registered office

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9
Q

ordinary rules

where is venue proper for a foreign/alien insurer

A

east baton rouge

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10
Q

ordinary rules

where is venue proper for partnerships and unincorporated associations

A

parish of place of business establishment

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11
Q

exceptions to general rules

where is venue proper when D has changed domicile

A

suit can be filed in old domicile for up to one year after change, or new domicile

D can cut this off by filing declaration of intent to change domicile

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12
Q

exceptions to general rules

where is venue proper to joint or solidary obligors

A

parish where domicile is proper to one under the general rules is proper to all

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13
Q

exceptions to general rules

where is venue proper in a tort action against joint or solidary obligors

A

can be brought in plaintiff’s domicile if one is an insurance company and venue is proper to the company or if jurisdictionw as obtained over a D under long arm

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14
Q

exceptions to general rules

where is venue proper for a tort suit

A
  1. where damages sustained
  2. where wrongful conduct occurred
  3. where D is domiciled
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15
Q

exceptions to general rules

where is venue proper for a contract action

A
  1. where contract was executed
  2. where any service was, or was going to be, performed
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16
Q

exceptions to general rules

where is venue proper for an action against a person having a business office on a matter over which that office had supervision

A

where the office is located

17
Q

exceptions to general rules

where is venue proper for immovable property

A

where immovable property is located or defendant is domiciled

18
Q

how can venue be waived

A

if a proper declinatory exception is not raised prior to making a general appearance or confirmation of default

19
Q

who must raise a declinatory exception to object to venue

A

defendant must raise; court will not raise on its own motion

20
Q

what happens if there are conflict(s) between the venue rules

A
  • if preferred rules conflict with general rules or any of the optional rules, the preferred rule governs exclusively
  • If there’s a conflict between any of the preferred rules or between general rules or optional, plaintiff may choose
21
Q

what are the consequences of improper venue

A

court may dismiss the suit, or in the interest of justice, transfer to a court of proper venue

22
Q

what is the doctrine of forum non conveniens

A

allows a court to transfer a suit, though venue is proper, to a parish where suit might have been brought if:

  1. necessary for the convenience of the parties and witnesses; and
  2. in the interest of justice
23
Q

what is the result of failing to file a declinatory exception in relation to forum non conveniens

A

will not prevent this from being filed, but it must be brought within a reasonable amount of time

24
Q

what is the exception for forum non conveniens

A

no suit brought in the parish of P’s domicile, in a court of competent jurisdiction, and where venue is proper, may be transferred for forum non conveniens

25
what is the effect on prescription if the plaintiff filed the action in the wrong venue
will interrupt prescription if service is made within the prescriptive period
26
# nonwaivable venue where must an action to annul a judgment be brought
in the trial court that rendered the judgment
27
# nonwaivable venue where must a succession proceeding be brought
1. where decedent was domiciled 2. if not domiciled in La., where they owned immovable property 3. last resort – where defendant owned movable property
28
# nonwaivable venue where must an action for annulment or divorce be filed
where either spouse is domiciled or in the parish of matrimonial domicile
29
# nonwaivable venue where must an action for emancipation be brought
where party is domiciled
30
# nonwaivable venue where must an interdiction proceeding be brought
where interdict is domiciled or, if not domiciled, where he resides; last resort would be where he may be found